Smith v. Miller

Fuller, Judge.

Procedural Background

Appellant George T. Smith is the Presiding Justice of the Supreme Court of Georgia. Appellant Harold Banke is- a Presiding Judge of the Georgia Court of Appeals. The defendants are Georgia’s gover*561nor, the Employees’ Retirement System of Georgia (“ERS”) and its directors and trustees.

The appellants challenge ERS’ interpretation of the provisions of OCGA § 42-2-244 (c) concerning the age at which each appellant must retire. The trial court denied the appellants’ complaint for injunctive relief and found that the appellants had waived constitutional challenges…